Terms of Service

These Terms of Service, together with any additional terms, conditions, and policies referenced herein or made available by hyperlink (collectively, the “Terms of Service” or “Terms”), govern your visit to and use of any website, application, social media account, or other online resource owned or operated by MODO Gummies (“MODO,” “we,” “us,” or “our”), including https://modogummies.com/ (collectively, the “Service,” “site,” or “website”).

Please read these Terms carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to be bound by these Terms. These Terms apply to all visitors, browsers, customers, merchants, vendors, contributors of content, and other users of the Service. If you do not agree to all the terms and conditions of this agreement, you may not access the Service or purchase products through it.

Any new features or tools added to the Service will also be subject to these Terms. We may update these Terms at any time by posting the updated version on this page.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that enables us to sell our products and services to you.

Section 1 — Online Store Terms

• By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us your consent to allow any of your minor dependents to use the Service.
• You may not use our products or the Service for any illegal or unauthorized purpose.
• You must not violate any laws in your jurisdiction, including but not limited to intellectual property laws.
• You must not transmit any worms, viruses, or any code of a destructive or malicious nature.
• A material breach of any of these Terms may result in termination of your access to the Service.

Section 2 — General Conditions

• We reserve the right to refuse service to anyone, where permitted by law.
• You understand that your content (excluding payment-card information) may be transferred unencrypted across networks and may involve changes to conform to technical requirements of connecting networks or devices.
• Payment-card information is always encrypted during transfer over networks by our applicable payment systems and providers.
• You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Service without our express written permission.
• The headings used in these Terms are included for convenience only.

Section 3 — Accuracy, Completeness and Timeliness of Information

The Service may contain general information provided for your convenience. We do not guarantee that all information on the Service is always accurate, complete, or current. Material on the Service may include historical information, which is provided for reference only and is not intended to be relied upon. We reserve the right to modify the contents of the Service at any time, but we have no obligation to update any information unless required by law. You should not rely solely on content available through the Service as the basis for making important decisions where a primary, more accurate, more complete, or more timely source of information — including a qualified professional — is appropriate.

Information made available through the Service, including product descriptions, ingredient information, educational content, quizzes, recommendations, or marketing materials, is provided for general informational purposes and is not intended as medical advice, diagnosis, or treatment.

Section 4 — Modifications to the Service and Prices

• Prices for our products are subject to change without notice.
• We reserve the right at any time to modify, suspend, or discontinue the Service (or any part or content of it) without notice at any time, where permitted by applicable law.
• We will not be liable to you or to any third party for any ordinary price change, modification, suspension, or discontinuance of the Service, except where required by applicable law.

Section 5 — Products or Services

Certain products or services may be available exclusively online through the Service. These products or services may have limited quantities and are subject to return, refund, or exchange only in accordance with our Refund Policy.

Returns must be requested using the process described in our Refund Policy. We may not be able to process items that are returned to us outside of that stated process, or that are marked “Return to Sender,” except where applicable law requires otherwise.

We have made reasonable efforts to display product images, packaging, colors, and other visual representations accurately, but actual appearance may vary depending on device displays, production runs, lighting, packaging updates, and other factors.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, household, geographic region, jurisdiction, or order. We may exercise this right on a case-by-case basis, and may limit or cancel quantities purchased per person, per household, or per order. Product descriptions and prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made through the Service is void where prohibited.

Certain promotional or non-supplement merchandise, if offered, may be subject to separate return or final-sale terms where clearly disclosed at the time of purchase.

Statements regarding MODO Gummies products have not necessarily been evaluated by the U.S. Food and Drug Administration unless expressly stated otherwise, and MODO products are not intended to diagnose, treat, cure, or prevent any disease.

Section 6 — Accuracy of Billing and Account Information

We reserve the right to refuse, limit, or cancel any order you place with us, where permitted by law. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you using the contact information you provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed for unauthorized resale, fraud, abuse, or commercial distribution.

You agree to provide current, complete, and accurate account, purchase, and contact information for your account, including your email address, shipping information, billing information, and payment information, and to promptly update such information as needed.

For more detail on returns, refunds, and related billing matters, see our Refund Policy.

Section 7 — Optional Tools

We may provide you with access to third-party tools that we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without any endorsement. We will have no liability arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Service is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new features or resources through the Service, including new tools. Such new features or tools will also be subject to these Terms.

Section 8 — Third-Party Links

Certain content, products, and services available through the Service may include materials from third parties, or link to third-party websites. We do not control, and are not responsible for, third-party websites or resources. Third-party links on the Service may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We encourage you to review the terms of service and privacy policies of any third-party websites before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third party.

Section 9 — User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions — such as contest entries — or, without a request from us, you send creative ideas, suggestions, proposals, plans, product reviews, testimonials, photos, videos, social content, or other materials, whether online, by email, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction beyond what is described in this section, use, reproduce, adapt, publish, display, distribute, and otherwise share such comments in connection with operating and marketing our business.

By submitting comments, you grant us a broad, non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, publish, display, distribute, and otherwise use such submissions in connection with operating and marketing our business, subject to applicable law and to any specific permissions or consents we separately request from you (for example, before using your name or image in an advertisement).

• You represent and warrant that you own or otherwise control all rights necessary to submit your comments and that doing so does not infringe the proprietary rights of any third party.
• Your comments must not contain unlawful, abusive, obscene, defamatory, fraudulent, or otherwise objectionable material, or contain any computer virus or other malware that could affect the operation of the Service.
• You must not use a false email address or otherwise impersonate any person or entity.
• You remain solely responsible for the content and accuracy of any comments you make.

If our Service displays customer reviews, including any “Verified Buyer” or similar designation, you agree not to misrepresent your relationship to a purchase when submitting a review.

Section 10 — Personal Information

Your submission of personal information through the Service is governed by our Privacy Policy.

Section 11 — Errors, Inaccuracies and Omissions

Occasionally there may be information on the Service or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, ingredients, pricing, promotions, offers, discounts, shipping charges, delivery estimates, availability, or subscription terms. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information, or cancel orders, if any information on the Service or on any related Service is inaccurate at any time without prior notice, subject to applicable law. We undertake no obligation to update, amend, or clarify information on the Service, including pricing information, except as required by law.

Section 12 — Prohibited Uses

In addition to other prohibitions set forth in these Terms, you are prohibited from using the Service or its content:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any applicable local, state, national, or international law or regulation;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on a protected characteristic;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code;
• to collect or track the personal information of others without their consent;
• to spam, phish, pharm, pretext, spider, crawl, or scrape the Service where prohibited;
• for any obscene or immoral purpose;
• to interfere with or circumvent the security features of the Service;
• to attempt to gain unauthorized access to any portion of the Service;
• to abuse promotions, discounts, referral codes, subscription offers, or account systems, including by creating multiple accounts to improperly claim first-time customer offers where prohibited by the applicable offer terms; and
• to engage in fraudulent chargebacks or other payment abuse.

We reserve the right to terminate your use of the Service for violating any of these prohibited uses.

Section 13 — Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free. The Service and all products and services delivered to you through the Service are, to the fullest extent permitted by applicable law, provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied. Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.

In no case shall MODO Gummies, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the Service or any products procured using the Service, except to the extent such liability cannot lawfully be limited or excluded under applicable law. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

Section 14 — Indemnification

You agree, to the extent permitted by applicable law, to indemnify, defend, and hold harmless MODO Gummies and its affiliates, officers, directors, employees, agents, contractors, licensors, service providers, subcontractors, and suppliers from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: your material breach of these Terms; your violation of applicable law; your infringement or violation of any third-party rights; or your misuse of the Service.

Section 15 — Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms, without affecting the validity and enforceability of the remaining provisions.

Section 16 — Termination

The obligations and liabilities incurred by either party prior to the termination date will survive termination of these Terms for all purposes. You may stop using the Service at any time. We may suspend or terminate your access to the Service at any time if we believe, in our sole discretion, that you have materially violated these Terms. Any amounts already due to us remain payable. Termination of these Terms will not affect any rights or obligations that arose prior to the effective date of termination.

Section 17 — Entire Agreement

These Terms of Service, together with any policies or operating rules posted by us on the Service or in respect of the Service, constitute the entire agreement and understanding between you and MODO Gummies regarding your use of the Service. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. To the extent applicable, these Terms supersede any prior agreements or communications between you and us regarding the Service.

Section 18 — Governing Law

[IMPLEMENTATION PLACEHOLDER — see note below; do not publish without replacing]

These Terms shall be governed by the laws of the State of [STATE], United States, without regard to conflict-of-law principles, except to the extent applicable consumer protection law requires otherwise. Nothing in this section overrides any mandatory consumer protection rights that cannot be waived under the law of your country or state of residence.

Section 19 — Changes to Terms of Service

You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. Changes are effective when posted unless applicable law requires otherwise. Your continued use of, or access to, the Service following the posting of any changes constitutes acceptance of those changes, where permitted by law.

Section 20 — Contact Information

Questions about these Terms of Service should be sent to:

MODO Gummies
Website: https://modogummies.com/
Email: legal@modogummies.com

Section 21 — Subscriptions and Recurring Purchases

Certain products may be offered on a recurring subscription basis. Where offered, the applicable frequency and price will be disclosed to you before you complete your purchase. By starting a subscription, you authorize us (or our payment processor) to charge your chosen payment method on a recurring basis until the subscription is cancelled.

Subscription prices are subject to change only with notice where required by applicable law. You can manage or cancel your subscription through your available account or subscription management method, or by contacting us at legal@modogummies.com. “Cancel Anytime” means you may cancel future recurring orders at any time — it does not mean an order that has already been processed or shipped can be cancelled or refunded outside of our Refund Policy. Changes to or cancellation of a subscription must generally be made before your next order is processed. Applicable taxes and shipping charges may apply to each recurring order. Promotional discounts applied to a first subscription order may not apply to subsequent renewal orders unless expressly stated at the time of purchase.

Section 22 — Promotions, Discounts and Offers

From time to time, we may offer promotions, discount codes, or other offers. Promotional offers are subject to the specific terms stated at the time of the offer, and may be limited by factors such as customer eligibility, first-order or first-subscription-order status, specific products, quantity, geography, or time period. Discount codes may not be combined with other offers unless expressly stated. We reserve the right to withhold or cancel a promotional offer where we reasonably believe it is being used fraudulently or abusively. Offers are void where prohibited by law. We may correct obvious pricing or technical errors in a promotion to the extent permitted by applicable law.

Section 23 — Supplement and Health Information

MODO Gummies products are dietary supplements or other consumable wellness products, where applicable. Product information provided through the Service — including on packaging, the website, quizzes, or marketing materials — is not a substitute for professional medical advice, diagnosis, or treatment. You should consult a qualified healthcare professional before using any MODO Gummies product, particularly if you are pregnant or nursing, have a medical condition, take prescription medication, or have known allergies. Follow the directions on the product label. If you experience an adverse reaction, stop use and seek appropriate professional advice.